Mother files medical malpractice suit against LMC in death of baby

Published: Monday, November 18, 2013 at 12:30 a.m.

Last Modified: Friday, November 15, 2013 at 3:28 p.m.

A mother who lost her baby during delivery in November 2011 at Wake Forest Baptist Health – Lexington Medical Center has filed a medical malpractice lawsuit against the hospital and several local medical care providers.

Huffman, who was 30 years old at the time, entered LMC at 40 weeks and two days gestation with baby Braylyn to be induced in the early morning hours of Nov. 15, 2011, according to a lawsuit. Her pregnancy was complicated by a medical history, which included gestational diabetes controlled by diet and an issue with prior delivery, Higley wrote in the suit.

Huffman, according to the lawsuit, was admitted into labor and delivery, and Pitocin/Oxycotin was started at approximately 4:55 a.m. The lawsuit claimed there were indications of fetal distress multiple times throughout the day with no action taken on the part of the medical staff. At 6:34 p.m., Braylyn was delivered but not breathing, had no heartbeat and was unresponsive. The baby never took a breath and was pronounced dead at 7:29 p.m., the suit stated.

"Upon information and belief, during the hospitalization, well prior to Braylyn's birth, fetal monitoring indicated ominous signs of fetal distress, all of which were ignored by defendants," the lawsuit reads. "Braylyn was not issued a death certificate since she was not considered a live birth, but an autopsy was performed … that indicated increased fetal distress due to hypoxic conditions. Braylyn's cause of death was asphyxia."

Higley said in essence if the doctors would have acted sooner and performed a cesarean section the child would have survived. He said his main argument is that during various stages of the labor the monitoring of the child was not adequate, and the failure to properly monitor Braylyn led to the baby's death.

Higley is seeking compensatory damages in an amount in excess of $10,000. The attorney claims his client has suffered severe emotional distress as a result of the defendants' conduct.

A spokesman for Piedmont Women's Healthcare could not be reached for comment. Kathy Sushereba, a spokeswoman with Wake Forest Baptist Health — Lexington Medical Center, said hospital officials could not comment on pending litigation.

Darrick Ignasiak can be reached at 249-3981, ext. 217, or darrick.ignasiak@the-dispatch.com. Follow Darrick on Twitter: @DispatchDarrick.

<p>A mother who lost her baby during delivery in November 2011 at Wake Forest Baptist Health – Lexington Medical Center has filed a medical malpractice lawsuit against the hospital and several local medical care providers.</p><p>Jamestown attorney Donald S. Higley II filed the suit this past week in Davidson County Superior Court on behalf of Krystal Huffman, the mother of Braylyn Evans. The defendants listed in the suit include Drs. Martin A. Allen, Puja Kalidas and certified nurse midwife Barbara Evans, as well as Piedmont Women's Healthcare and Wake Forest Baptist Health — Lexington Medical Center.</p><p>Huffman, who was 30 years old at the time, entered LMC at 40 weeks and two days gestation with baby Braylyn to be induced in the early morning hours of Nov. 15, 2011, according to a lawsuit. Her pregnancy was complicated by a medical history, which included gestational diabetes controlled by diet and an issue with prior delivery, Higley wrote in the suit.</p><p>Huffman, according to the lawsuit, was admitted into labor and delivery, and Pitocin/Oxycotin was started at approximately 4:55 a.m. The lawsuit claimed there were indications of fetal distress multiple times throughout the day with no action taken on the part of the medical staff. At 6:34 p.m., Braylyn was delivered but not breathing, had no heartbeat and was unresponsive. The baby never took a breath and was pronounced dead at 7:29 p.m., the suit stated.</p><p>"Upon information and belief, during the hospitalization, well prior to Braylyn's birth, fetal monitoring indicated ominous signs of fetal distress, all of which were ignored by defendants," the lawsuit reads. "Braylyn was not issued a death certificate since she was not considered a live birth, but an autopsy was performed … that indicated increased fetal distress due to hypoxic conditions. Braylyn's cause of death was asphyxia."</p><p>Higley said in essence if the doctors would have acted sooner and performed a cesarean section the child would have survived. He said his main argument is that during various stages of the labor the monitoring of the child was not adequate, and the failure to properly monitor Braylyn led to the baby's death.</p><p>Higley is seeking compensatory damages in an amount in excess of $10,000. The attorney claims his client has suffered severe emotional distress as a result of the defendants' conduct.</p><p>A spokesman for Piedmont Women's Healthcare could not be reached for comment. Kathy Sushereba, a spokeswoman with Wake Forest Baptist Health — Lexington Medical Center, said hospital officials could not comment on pending litigation.</p><p>Darrick Ignasiak can be reached at 249-3981, ext. 217, or darrick.ignasiak@the-dispatch.com. Follow Darrick on Twitter: @DispatchDarrick.</p>